CHANDRAKANT VITHAL PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Appeal is preferred by the original accused challenging the judgment and order dated 13th July,2006 in Sessions Case No.32 of 2006 passed by the Additional Sessions Judge,Mumbai whereby the Accused/Appellant was convicted for the offences punishable under sections 363, 366, 376 (2) (a) and under section 323 of Indian penal code and was sentenced as under :

(2.) The prosecution case in brief is that the prosecutrix PW 7, who is the victim of this offence, was a girl of aged about 15 years. She along with her sister Poonam used to beg at the junction near Leela Hotel at night time. The accused was Head constable attached to Sahar police station and the said junction near Leela Hotel is within the local limits of that police station. On 17th October, 2005 at about 9 p.m. the accused first made some inquiries from the prosecutrix and went away. At about 11 p.m. he came in an autorickshaw, caught her wrist and pulled her into the autorickshaw. Inspite of the request made by her sister to leave the girl, he said that he would leave her at the next signal. He took the prosecutrix up to a nallah in the autorickshaw. There both of them alighted and then the accused and the prosecutrix crossed the road and after jumping pari (small wall). Then he took her to the bushes and then near the wall of a temple, there he made her to lie down and removed her clothes. He also removed his pant and underwear and committed rape. When the prosecutrix and the accused were returning, PW 6 Satyan Nair, who was working in the Engineering Department of Sahar International Airport Terminal-II, suspected something foul and stopped his bike and asked the prosecutrix as to what was the matter. She narrated the incident and therefore PW 6 Satyan Nair took the identity card of the accused and made him sit on his bike and took him to the police station. The girl was taken to the police station by PW 11 Kumar Ukirde. At the police station she narrated the whole incident. On the basis of her FIR, offence was registered and the accused as well as the prosecutrix were referred for medical examination to Police Hospital, Nagpada. Both of them were examined by PW 8 Dr.Shivaji Daund during the same night.

(3.) During investigation, the spot panchanama was prepared. The clothes of the prosecutrix as well as that of the accused were seized. Their blood samples and vaginal and vulva swabs of the prosecutrix were sent to the Chemical Analyser. Evidence was also collected in respect of the age of the girl.